Arkansas has passed a constitutional amendment that establishes a medical marijuana program, which includes sections that clarify when an employer can take an adverse employment action against an employee who is a medical marijuana user. Some sections place limits on an employee’s right of action, such as limiting coverage to employers with nine or more employees and capping damages in the same way as other employment discrimination claims under Arkansas law. The amendment also clarifies that a written certification from a physician “is not a medical prescription,” limiting an employer’s obligation under both the ADA and FMLA.

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